Tolson

Plaintiffs-appellants, licensed real estate brokers, brought this action against defendants-respondents Charles A. Griset and wife, an elderly couple, who own 40 acres of bean land in Orange County as joint tenants, for a real estate commission of $7,000 upon a written listing of that property. It was dated March 4, 1955, and signed only by defendant husband. A nonsuit was granted as to defendant wife.

After hearing the evidence, the court found that at the time the husband executed said listing and agreement with plaintiffs, he stated to the plaintiffs that said real property was held jointly between said defendant and his wife and that her signature and consent to the sale of said property was necessary and his listing the property for sale was contingent upon her signing an agreement with the plaintiffs for the sale of said property; that she did not sign the listing and at all times refused to execute it or to agree to sell the property ; and that her agreement to sell said real property was a condition precedent to the taking effect of said contract and listing between plaintiffs and defendant Charles A. Griset. On April 4, 1955, an escrow for the consummation of the…